MS HB1004

Creates a procedure allowing persons to petition chancery court for access to private property to visit, discover, restore, or maintain graves or abandoned public cemeteries when landowner permission cannot be obtained.

Petition must be verified and name all property owners, lienholders, and interested parties as defendants; hearing must occur within 7 days after service of process or 30 days after first publication.

Court may grant access only if it finds reasonable grounds the grave or cemetery is on the property, the petitioner is a descendant or has special interest in the grave or cemetery, and entry would not unreasonably interfere with the landowner's property enjoyment.

Court orders may specify access dates and daylight hours, permit periodic return visits, designate a specific route for entry and exit, require surety bonds to cover potential damages, and direct petitioner to pay reasonable damages and costs to the landowner.

Effective date July 1, 2019.